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eBook details

• Title: Rieck v. Rieck
• Author : Colorado Court of Appeals
• Release Date : January 03, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 46 KB

Description

We granted certiorari to review a decision of the court of appeals affirming the Denver District Courts invalidation of a jail sentence imposed by the petitioner, the Honorable Samuel Kirbens, one of the judges of the County Court of the City and County of Denver, on the respondent, Anthony Martinez, for violation of a Denver ordinance. The court of appeals held that the sentence was invalid because the petitioner reinstated the suspended jail sentence after the maximum possible period of imprisonment for the respondents offense had elapsed. The court held that the petitioner had no jurisdiction to impose a sentence of probation exceeding the maximum term of imprisonment for an ordinance violation and, therefore, the reinstatement of respondents sentence for a probation violation after the maximum possible imprisonment term had elapsed was void. We also granted certiorari to determine whether subject matter jurisdiction was properly established pursuant to C.R.C.P. 106. We now conclude that the respondents complaint for relief pursuant to C.R.C.P. 106(a)(4) was unwarranted because an adequate alternative remedy was available and, therefore, the district court and the court of appeals were without jurisdiction to determine the validity of the sentence imposed on the respondent. Accordingly, we reverse the judgment of the court of appeals and remand the case with directions.

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